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12 Cards in this Set
- Front
- Back
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What are the reform proposals to the Constitution? |
1. Recognition of indigenous people - remove s.25 (races disqualified from voting) - replace 25 with a provision that the Racial Discrimination Act 1975 can't be suspended - alter s.51 (xxvi) to state that laws can only be made for races if it is to benefit them 2. Recognition of local govt - add a provision stating existence and right of the people to elect them |
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What are two contemporary legal and political issues? |
1. Williams No.2 (2013) - challenged s.81 that govt. Can't fund program with Budget money -Scriptute Union QLD 2. Marriage Equality 2013 in the ACT -ACT enacted act but was challengef by CW -HC upheld that under s.51 (xxi) and s.109 that govt already legislated with Marriage Act 1961 - marriages deemed void |
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What is a formal method of constitutional change? |
Referendums outlined in s128 Passed E.g.: 1928 State Debts and 1967 Rights to Legislate for Aboriginals - both had bipartisan and state support Referenda need a double majority of voters and states to vote yes Failed e.g.: 1999 Republic - no govt support |
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What are barriers to referendums passing? |
1. Lack of state support 2. Lack of public understanding of question /benefits 3. Suspicion of govt 4. Lack of govt or bipartisan support |
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Which financial powers have shifted the balance of power? |
-s.51 (ii) taxation and Uniform Tax Case -s.51 (xxxvii)referral of powers -s.90 customs, excise, and bounties as an exclusive power -s.92 free trade -s.94 surplus distribution -s.96 grants -Loans Council regulates State loans |
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How have the referral of powers changed the balance of power? |
-referring s.51 (ii) made CW financially stronger Has caused VFI |
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How have cooperative and coercive federalism methods been used to shift the balance of powers? |
-COAG used as intergovernmental forum at an attempt at cooperative; often become coercive in tense areas like state funding - Abbott 2015 COAG examples: >support for NT to be a state >support for continuation of govt VAW campaign >agreement on direction of Australia's Counter Terrorism Strategy |
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Describe the important cases for each era of high court interpretation: |
Intentionalist: railway servants 1906 Literalist: Engineer's case 1920 - overruledthat govt could make laws on worker's rights Neutral: uniform tax case 1952 and airlines case 1945 Activist: Tasmanian dams case 1983 and mabo 1992 Second neutral: wakim case 1999 -cross vesting jurisdiction |
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Name 2 industrial relations cases: |
1. Work choices 2006 - allowed CW to legislate on workplace matters 2. Concrete pipes 1971 - gave CW power to legislate on intra state activities - reversed Huddart Parker decision |
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Describe 2 human rights cases: |
1. Williams No.2 2012 - school chaplains - based on s.81 and s.116 2. Wakim Case 1999 - cross vesting jurisdiction under s.75 and 76 by state's companies |
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Describe 2 financial cases: |
1. Uniform Tax Case 1952 and 1957 2. Hammond 1997: CW challenged VIC for levying taxes on cigarettes and alcohol - HC found it was an excise under s.90 and an exclusive power |
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Describe 2 external affairs cases: |
1. Koowarta (1982) - s.51xxvii says CW controls external affairs - QLD racism case - Racial Discrimination Act 1975 2. Tasmanian Dams (1983) - international treaties on World Heritage Properties Conservation Act 1983 |
